Senate approves capital sex crime legislation
The Florida Senate approved the capital sex crime legislation by a vote of 34-5, sending it to Gov. DeSantis.
Both bills related to capital punishment have now officially passed the Florida Legislature and head to Governor DeSantis for approval.
Senate Hears Capital Sex Crime Bill
On Tuesday afternoon, the Senate heard the capital sex crime bill, which expands capital punishment to non-homicide sex crimes against children under the age of 12 despite the U.S. Supreme Court’s decision in Kennedy v. Louisiana, which held that this law is unconstitutional. (More here.) The original post on this legislation is here.
Questions
Sen. Powell asked if this legislation could open the door to potentially putting a parent/guardian in the way of subjecting themselves to the death penalty for a gender transition. Sen. Martin re-read the language of the bill and suggested it’s possible, but the answer was unclear. Sen. Powell followed up, asking whether a parent who “takes a child to a doctor in or out of the state” could be subject to the death penalty, Sen. Martin responded that sounds like a different situation than sexual battery and then said “[t]hat’s why we have juries.”
Sen. Davis asked if this bill endangers victims. Sen. Martin responded that the bill does not address it but he’d be happy to discuss. From his experience as a prosecutor, some may argue that “the death sentence is an easy way out.”
Debate
Sen. Book spoke in support of the legislation. She discussed the devastating effects these crimes have on the victims and cited statistics reporting that the average pedophile will commit 117 offenses in their lifetime. She also told her own story of experiencing child sexual abuse every day for 6 years. She said she understands the weight of the vote and that she truly believes that death is the appropriate crime for these crimes.
Sen. Pizzo spoke about Kennedy v. Louisiana. He said it’s the first time he voted in support of a bill that he’s not sure will not get overturned. He also noted the distinction between this bill and the capital sentencing bill—the number of aggravating factors.
In closing, Sen. Martin thanked Sen. Book and others for their comments. He also said he couldn’t believe that these crimes weren’t already punishable by death, saying that the ability to do so was taken out of legislators’ hands because of “a few supreme court justices,” who he suggested were disconnected from the prosecution process for these crimes. “Shame on these justices for ignoring . . . 50 legislatures across the country.” He also referenced that both the Florida Supreme Court and U.S. Supreme Court have “completely changed” since Kennedy. Referencing Sen. Pizzo’s statements, he discussed the history of capital punishment and said: “Our death penalty is given in a more humane matter than when we put our dogs down.”
Conclusion
The Senate approved HB 1297 by a vote of 34-5. It now goes to Gov. DeSantis for approval.
The bill goes into effect on October 1, 2023, whereas the capital sentencing legislation goes into effect immediately upon Gov. DeSantis’s signature.
This is an ABOMINATION!